Miles v. Anton

Dist. Ct. erred in granting defendant-prison employee’s motion for summary judgment in plaintiff-prison worker’s section 1983 action, alleging that defendant terminated him in violation of his First Amendment rights by refusing to let him attend religious services and then retaliating against him when he nevertheless went to said services. While Dist. Ct. agreed with defendant that dismissal was warranted under Prison Litigation Reform Act because plaintiff had not filed formal grievance focused on his termination prior to bringing instant action, Ct. of Appeals held that applicable written policy excepted plaintiff’s case from required administrative process. As such, plaintiff could proceed with his action.